CHAPTER 388

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAPTER 388

WAGES AND OTHER COMPENSATION, PAYMENT OF

Part I

Section

388-1 Definitions

388-2 Semimonthly payday; method of payment of wages

388-3 Employees who are separated from the payroll before

paydays

388-4 Payment of wages to relatives of deceased employees

388-5 Unconditional payment of wages conceded to be due

388-5.5 Payment of wages by check or electronic transfer

388-5.7 Payment of wages by pay cards

388-6 Withholding of wages

388-7 Notification, posting, and records

388-8 Provisions of law may not be waived by agreement

388-9 Enforcement

388-9.5 Order of wage payment violation; appeal

388-9.6 Remittance of penalties

388-9.7 Enforcement of the order of wage payment violation

388-10 Penalties

388-11 Employees remedies

388-11.5 Contractor liability; unpaid wages

388-12 Reciprocal agreements with other states; actions

388-13 Rules and regulations

Part II--Repealed

388-31 to 33 Repealed

Part III

388-41 Advance notice of termination of employment

388-42 Other applicable provisions

Part IV. Job Application Processing Fees

388-51 Job application processing fee

388-52 Penalties

Case Notes

Chapters 387 and 388 serve to prevent employer from withholding sums or benefits to which employee has rights by virtue of contract with employer, not a predecessor. 661 F.2d 776 (1981).

Plaintiff hotel employees' claim pursuant to this chapter was not preempted by §301 of the Labor Management Relations Act, 29 U.S.C. §185(a), because the claim asserted a state-law right that was independent of any right conferred by their collective bargaining agreement ("agreement"); further, agreement did not need to be interpreted in resolving this claim. 835 F. Supp. 2d 914 (2011).

Plaintiffs could not bring a statutory claim under this chapter, where plaintiffs sought to recover wages to which they failed to demonstrate they were legally entitled. Plaintiffs could not assert a legal right as third party beneficiaries to the amounts allegedly withheld by virtue of defendant employer's failure to pay the bargaining unit wage rates as set forth in the 2006 Addendum to defendant employer's contract and plaintiffs did not seek to recover withheld wages pursuant to a contractual agreement between plaintiffs and defendant employer. 105 F. Supp. 3d 1165 (2015).

Where defendant had authority over the operation of the hotels at which plaintiffs were employed, and defendant failed to raise an argument regarding defendant's status as "employer" until after the court had entered its final judgment, the circuit court did not err in concluding that defendant was an "employer" under this chapter. 133 H. 1, 323 P.3d 792 (2014).

Chapter establishes clear mandate of public policy to protect at will employee from being discharged for asserting rights accorded employee by its provisions, and does not itself provide sufficient remedy for discharge; no legislative intent to supersede at will employee’s common law remedy for wrongful discharge detected. 10 H. App. 250, 865 P.2d 170 (1994).